Sonoma Municipal Code Ch. 8.04 Administrative Provisions

A. The animal care and control officers shall enforce this title and any other provisions of this code, the Sonoma zoning ordinance, and the laws of this state relating to the care, control and keeping of animals and investigate complaints of violations thereof. Animal care and control officers are authorized to issue warnings or citations of the aforesaid ordinance and state laws.

B. The animal care and control officer shall not be deemed to be a police officer, but pursuant to Penal Code Section 830.9 he/she may exercise the powers of arrest of a police officer as specified in Penal Code Section 836 and the power to serve warrants as specified in Penal Code Sections 1523 and 1530 during the course and within the scope of his/her employment.

C. Animal care and control officers shall issue all licenses and permits, and collect all fees and charges as authorized by this chapter, unless otherwise specified by this title.

D. The animal care and control officer shall have the right to enter upon and inspect any premises where an animal is kept or harbored when such entry is necessary to investigate complaints and enforce the provisions of this title or state laws relating to the care, control and treatment of animals, or to save an animal, or to protect the public health, safety and welfare. All entries and inspections shall be carried out in accordance with applicable laws, including, but not limited to, the laws pertaining to search warrants and inspection warrants.

E. A search warrant is not required when the animal care and control officer has probable cause to believe that the keeping or maintaining of an animal on private property is so hazardous or dangerous to the animal, other animals or the general public as to require immediate inspection and/or impoundment of the animal in order to safeguard the safety of the animal, other animals or the public safety.

F. Animal care and control officers may seize, impound, and humanely destroy any animal when authorized by provisions of this title or the laws of this state relating to the care, control and keeping of animals. (Ord. 05-2012 § 2, 2012).

A. When a provision of this title requires notice of a hearing to be given pursuant to this section, notice shall be given in all of the following ways:

1. Notice of the hearing shall be mailed or delivered personally at least 10 days prior to the hearing to the applicant, license holder or owner of the animal, as the case may be. The notice of the hearing shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the animal owner at his/her last known mailing address and deposited in a facility maintained by the United States Department of Postal Service. The person providing such notice or service shall sign a declaration under penalty of perjury that notice or service has been made. In the event that the last known address of the animal owner cannot be ascertained, the hearing officer or animal care and control officer shall sign a declaration under penalty of perjury that best efforts were made to provide notice or service to the animal owner. In the case of service by mail, notice or service is complete at the time the notice is deposited in the United States mail.

2. Notice of the hearing shall be posted at least 10 days prior to the hearing in a public area at the police station, on or near the doors of the meeting room where the hearing will be held. If the hearing is to be held at a location other than the police station, then the notice shall be posted in a public area in the location in which the hearing will be held.

B. The notice shall include the information specified in SMC 8.04.030.

C. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable. (Ord. 05-2012 § 2, 2012).

When a provision of this title requires notice of a hearing to be given, the notice shall include the date, time and place of the hearing, the identity of the animal hearing officer, a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the licensed premises, if any, that is the subject of the hearing, and a notice that if the applicant, license holder or owner of the animal, as the case may be, fails to appear at the hearing, the hearing shall proceed in such person’s absence and such absence shall be further considered a waiver by that person of his or her right to present evidence at the hearing. (Ord. 05-2012 § 2, 2012).

Any person sitting as an animal hearing officer shall be familiar with the provisions of this title. If the hearing relates to Chapter 8.12 SMC, Potentially Dangerous and Vicious Dogs, the hearing officer should also have a basic understanding of canine behavior in order to render an informed decision. When a provision of this title requires that a hearing be conducted pursuant to this section, the hearing shall be conducted as follows:

A. At the time and place set for the hearing, the animal hearing officer shall consider the matter at issue. The animal hearing officer shall swear witnesses, hear testimony, and receive relevant sworn statements of witnesses or police incident reports as evidence. The formal rules of evidence need not be applied. Additional procedural rules may be adopted by resolution of the city council. The animal hearing officer may electronically record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. A stenographic report shall also record the proceedings if ordered by the animal hearing officer or requested by the owner, with the costs thereof to be borne by the person making the order or request. A copy of the electronic recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof. The animal hearing officer or their designee shall not have had any direct involvement in the matter being heard. The animal hearing officer may decide all issues for or against the applicant, license holder, or owner of the animal, as the case may be, even if such person fails to appear at the hearing.

B. Within 15 days after the hearing is closed, the animal hearing officer shall render a written decision containing findings of fact and conclusions of law. The evidentiary standard used to make the decision shall be a preponderance of the evidence. A copy of the decision shall be mailed by certified mail to the applicant, license holder or owner of the animal, as the case may be, and a brief summary of the decision shall be mailed by first class mail to all persons noticed pursuant to SMC 8.04.020. Personal service of said decision will satisfy the requirement.

C. The decision of the animal hearing officer shall determine whether any permit at issue shall be denied or revoked, whether the animal at issue shall be released to its owner or forfeited to a recognized nonprofit specializing in animal care and adoption, or released to another governmental agency pursuant to an agreement as necessary to protect the public health, safety and welfare, or whether the animal at issue constitutes a public nuisance as further described in Chapter 8.20 SMC. The animal hearing officer may make the release of an animal to its owner subject to such conditions as the animal hearing officer deems necessary to effectuate the purposes of this title and to protect the public health, safety and welfare. Except as provided in subsection (D) of this section, the decision of the animal hearing officer shall be final and conclusive.

D. Notwithstanding the preceding, the animal care and control officer may settle any matter scheduled for hearing, including a hearing pursuant to Chapter 8.12 SMC, Potentially Dangerous and Vicious Dogs, at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the animal, as the case may be. In the event of a settlement, the executed agreement shall become the decision of the animal hearing officer and shall be mailed and posted pursuant to subsection (B) of this section. (Ord. 05-2012 § 2, 2012).